Heard Mr D.C. Mahanta, learned senior counsel assisted by Mr A.K. Goswami, learned counsel for the appellant. Also heard Mr A.R. Banerjee, learned sr. counsel assisted by Ms B. Choudhury representing the respondents.

2. This first appeal has been directed against the impugned judgment and order dated 27.3.87 passed by the learned District Judge, Dhubri in Title Suit No. 1II 86 dismissing the suit of the plaintiff/ appellant filed under Section 10 of the Specific Relief Act, 1963 (for short, "the Act") for specific performance of an oral contract for sale of immovable property.

3. The facts, in a nutshell, leading to instituting the title suit in question may be noticed as under. It is alleged in the plaint that the defendants/respondents 1 and 2 entered into a verbal contract on 15.6.83 with the plaintiff/appellant, being a partnership firm, for the sale of the suit premises which was under the occupation of the appellant as tenants for a consideration of amount of Rs. 80,0007-. As a sequel of such contract, the appellant paid Rs. 5,100/- as advance on that day itself to the respondent No. 1 and 2 who agreed to execute a formal sale deed after Dewali on receipt of